The URL can be used to link to this page

Home My WebLink AboutOrdinance 396 - Urgency Ordinance Temporarily Suspending the Permit Fee and Replacement Tree Requirements of the Saratoga City Code ORDINANCE NO. 396 AN URGENCY ORDINANCE OF THE CITY OF SARATOGA TEMPORARILY SUSPENDING CERTAIN TREE REMOVAL REQUIREMENTS OF THE SARATOGA CITY CODE THE CITY COUNCIL OF THE CITY OF SARATOGA HEREBY ORDAINS AS FOLLOWS: Findings 1. The San Francisco Bay Area region has seen a series of storms and atmospheric river systems that have brought high winds and extraordinary levels of precipitation starting in late December and continuing through March 2023. 2. The Governor proclaimed a State of Emergency to exist in Santa Clara County on March 8, 2023; and the President of the United States issued a Federal Emergency Declaration on March 10, 2023 for severe winter storms that began on March 9, 2023 in California. 3. The Director of Emergency Services of Saratoga proclaimed a local emergency to exist throughout the City of Saratoga on March 23, 2023 and the City Council confirmed the proclamation on March 27, 2023. 4. The March 13-15, 2023 atmospheric river event produced winds that reached as high as 97 miles per hour at higher elevations and gusts in the range of 40 to 50 miles per hour at lower elevations at locations throughout Santa Clara County. 5. Many trees have fallen as a result of heavy winds and persistent rainfall and a significant number of these trees are Eucalyptus trees. 6. Collapsed trees have caused significant damage to property and public infrastructure, costing the City $250,000 in infrastructure impacts and fallen tree removal over the last two weeks alone, 75% of which is attributable to Eucalyptus trees specifically. 7. The danger of falling trees will persist for several months and more trees are expected to collapse as a result of winds, saturated soils, and weakened root systems. 8. A review of historic weather records indicates that soils should dry by the end of May, winds should subside by the end of June, and that the risk of continued damage from trees therefore should subside by that time as well. 9. Numerous members of the community members have expressed concern regarding the dangers of falling trees and have submitted approximately 100 permits for tree removal in the last two weeks. Ordinance 396 Page 2 10. The City's existing process for tree removal, including a$130 permit fee, notice requirement, and discretionary staff review based on standards that do not consider saturated soils and high winds is ill-suited for the current emergency situation. 11. Given the serious threats to public health and safety described above, this Ordinance is a temporary measure to suspend, until June 30, 2023, specified portions of the City Code pertaining to removal of blue gum (Eucalyptus globulus)to streamline the tree removal permit process for such trees. Therefore, the City Council hereby ordains as follows: Section 1. Until June 30, 2023 the following requirements of the Saratoga Municipal Code are hereby suspended with respect to applications for and issuance of tree removal permits for blue gum (Eucalyptus globulus): A. The requirement to pay a fee when applying for a tree removal permit as specified in Section 15-50.070(e); B. The requirement of a notice and appeal period for approved tree removal permits as specified in Section 15-50.070(b); and C. The requirement for a determination on the tree removal permit application as set forth in Section 15-50.080 except as to the determination that the tree to be removed is a blue gum (Eucalyptus globulus). Section 2. Government Code section 36937(a) authorizes the adoption of an urgency ordinance to protect the public peace, health or safety, where there is a declaration of the facts constituting the urgency and the ordinance is adopted by four-fifths of the Council. Section 3. The City Council hereby finds, determines and declares that this urgency ordinance adopted pursuant to California Government Code section 36937 is necessary because there is a current and immediate threat to the public health, safety and/or welfare and a need for immediate preservation of the public peace, health, or safety that warrants this urgency measure, which finding is based upon the facts stated in the Findings above, all of which are deemed true and correct, as well any oral and written testimony at the April 5, 2023 City Council meeting. Section 4. The City Council of the City of Saratoga held a duly noticed public meeting on April 5, 2023, and after considering all testimony and written materials provided in connection with that meeting introduced this ordinance and waived the reading thereof. Section 5.This urgency ordinance shall take effect immediately upon adoption in accordance with the provisions set forth in Government Code section 36937 and shall remain in effect until June 30, 2023, at which time it shall be of no further force and effect. Ordinance 396 Page 3 Section 6. If any section, subsection,sentence,clause,or phrase of this Ordinance is for any reason held to be invalid or unconstitutional by a decision of any court of competent jurisdiction, such decision shall not affect the validity of the remaining portions of this Ordinance. The City Council hereby declares that it would have passed this Ordinance and each and every section, subsection, sentence, clause, or phrase not declared invalid or unconstitutional without regard to whether any portion of the Ordinance would be subsequently declared invalid or unconstitutional. Section 7. The City Council finds that adoption of this Ordinance is exempt from environmental review under the California Environmental Quality Act (CEQA) pursuant to CEQA Guidelines section 15269 as a project to maintain,repair,and restore,property damaged as a result of a disaster in a disaster stricken area in which a state of emergency has been proclaimed by the Governor and actions to prevent an emergency until soils dry and winds subside and pursuant to CEQA Guidelines section 15061(b)(3), because it can be seen with certainty that temporarily suspending certain tree removal requirements for Eucalyptus trees will not have a significant effect on the environment. Section 8. A summary of this ordinance shall be published in a newspaper of general circulation of the City of Saratoga within fifteen days after its adoption. —Continued Next Page— Ordinance 396 Page 4 Following a duly noticed public meeting the foregoing urgency ordinance was introduced and adopted as an urgency ordinance by the following vote on April 5, 2023. AYES: COUNCIL MEMBERS AFTAB, PAGE, WALIA, VICE MAYOR ZHAO, MAYOR FITZSIMMONS NOES: NONE ABSENT: NONE ABSTAIN: NONE SIGNED: `�`"�(��"'"L-Q��..., ,�-.��I YY�YY1,�� Kookie Fitzsimmons MAYOR, CITY OF SARATOGA, CALIFORNIA ATTEST: ��_� / �__,._�- --�'��.�`'�� DATE: �l "��" ��Z�'�-.3 Britt Avrit, MMC CITY CLERK , APPROVED AS TO FORM: , � -�- C� �� 2 � 3 DATE: Richard Taylor CITY ATTORNEY 1632738.2